Administration of Justice Act
ONTARIO REGULATION 432/93
SMALL CLAIMS COURT — FEES AND ALLOWANCES
Historical version for theperiod October 6, 2016 to November 5, 2016.
Note: This Regulation is revoked on November 6, 2016. (See: O. Reg. 332/16, s. 5)
Last amendment: O.Reg. 332/16.
This is the English version of a bilingual regulation.
1.(1)The fees set out in Schedule 1 are payable to clerks of the Small Claims Court. O.Reg. 214/97, s.1.
(2)In this section and Schedule 1,
“claim” does not include a defendant’s claim; (“demande”)
“claimant” includes an individual, a sole proprietorship, a partnership, an unincorporated organization and a corporation. (“réclamant”) O.Reg. 214/97, s.1; O.Reg. 488/98, s.1(1).
(3)For the purposes of Schedule 1, a claimant who files a claim in a Small Claims Court office on or after January 1 in any calendar year and who has already filed 10 or more claims in the same office in that calendar year is a frequent claimant. O.Reg. 488/98, s.1(2).
(4)For the purposes of Schedule 1, a claimant who is not a frequent claimant under subsection (3) is an infrequent claimant. O.Reg. 488/98, s.1(2).
2.The fees and allowances set out in Schedule 2 are payable to bailiffs of the Small Claims Court. O.Reg. 432/93, s.2.
3.The fees and allowances set out in Schedule 3 are payable to witnesses appearing before the Small Claims Court. O.Reg. 432/93, s.3.
4.Omitted (revokes other Regulations). O.Reg. 432/93, s.4.
5.Omitted (provides for coming into force of provisions of the English version of this Regulation). O.Reg. 432/93, s.5.
Schedule 1
CLERK’S FEES
2. / Filing of a claim by a frequent claimant / 145.00
3. / Filing of a defendant’s claim / 75.00
4. / Filing a notice of motion served on another party, a notice of motion without notice or a notice of motion for a consent order (except a notice of motion under the Wages Act) / 40.00
5. / Filing a defence / 40.00
6. / Issuing a summons to a witness / 19.00
7. / Receiving for enforcement a process from the Ontario Court of Justice or an order or judgment as provided by statute / 25.00
8. / Issuing a certificate of judgment / 19.00
9. / Issuing a writ of delivery, a writ of seizure and sale or a notice of examination / 35.00
10. / Issuing a notice of garnishment / 100.00
11. / Preparing and filing a consolidation order / 75.00
12. / Forwarding a court file to Divisional Court for appeal / 20.00
13. / Issuing a certified copy of a judgment or other document, per page / 3.50
14. / Transmitting a document other than by mail / Cost of transmission
15. / For the inspection of a court file,
i.by a solicitor or party in the proceeding / no charge
ii.by a person who has entered into an agreement with the Attorney General for the bulk inspection of court files, per file / 1.00
iii.by any other person, per file / 10.00
16. / Making a photocopy of a document not requiring certification, per page / 1.00
17. / For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available:
i.For a single day’s recording / 22.00
ii.For each additional day’s recording, if the request is made at the same time as a request under subitem i / 10.50
18. / In an application under the Repair and Storage Liens Act,
i.on the filing of,
A.an application / 100.00
B.a notice of objection / 35.00
C.a waiver of further claim and a receipt / no charge
ii.on the issuing of,
A.an initial certificate / 35.00
B.a final certificate / 35.00
C.a writ of seizure / 35.00
19. / Fixing of a date for a trial or an assessment hearing by an infrequent claimant / 100.00
20. / Fixing of a date for a trial or an assessment hearing by a frequent claimant / 130.00
21. / Entering of a default judgment by an infrequent claimant / 35.00
22. / Entering of a default judgment by a frequent claimant / 50.00
O.Reg. 214/97, s.2; O.Reg. 488/98, s.2; O. Reg. 17/00, s. 1; O.Reg. 11/05, s.1; O.Reg. 271/05, s.1; O.Reg. 363/06, s.1; O.Reg. 248/12, s. 1.
Schedule 2
BAILIFF’S FEES
2. / For each attempt, whether successful or not, to enforce a writ of delivery / 36.00
3. / For each attempt, whether successful or not, to enforce a writ of seizure and sale of personal property,
i.where no sale is necessary / 36.00
ii.where a sale is necessary / 60.00
4. / For each attempt, whether successful or not, to enforce a writ of seizure under the Repair and Storage Liens Act / 36.00
5. / Enforcing a writ of delivery or a writ of seizure and sale of personal property, removing property seized, advertising the sale of personal property, including obtaining assistance in seizing, securing or retaining property / Reasonable disbursements necessarily incurred, including appraisers’ fees
O.Reg. 11/05, s.2; O.Reg. 363/06, s.2.
Schedule 3
FEES AND ALLOWANCES TO WITNESSES
2. / For attendance in court by a barrister, solicitor, physician, surgeon, engineer or veterinary surgeon who is not a party to the action, to give evidence of a professional service rendered or to give a professional opinion, per day / 15.00
3. / For travel to court / Reasonable travelling expenses actually incurred, but not exceeding the kilometre allowance set out in Regulation 11 of the Revised Regulations of Ontario, 1990
O.Reg. 432/93, Sched.3.
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